野生動植物保護法에 대한 고찰

• 영문명: Wild Animal and Plant Protection Law
• 발행기관: 중앙대학교 법학연구원
• 저자명: 李相敦(Lee, Sang-Don)
• 간행물 정보: 『법학논문집』法學論文集 第32輯 第2號, 141~164쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.31

영문 초록

The Wild Animal and Plant Protection Act of Korea was enacted in 2004, taking effect in 2005. Several provisions of the Nature Environmental Protection Act which had regulated wild animals and plants, and the Animals and Birds Protection and Hunting Control Act were repealed. This article is about the history and development of the statutes affecting the wild animals and plants in Korea. The articles also compares Korea's legislative approach with the other nations, notably the U.S. and Japan. Before the Wild Animal and Plant Protection Act was enacted, two sets of laws had regulated the wild animals and plants. First, series of environmental laws dealt with the wild animals and plants. Second, the Animals and Birds Protection and Hunting Control Act regulated the hunting. In 1986, several provisions to protecting endangered species which were not protected by other statutes were added to the Environmental preservation Act. Several species in reptiles, insects and plants were designated as endangered under these provisions. These provisions were incorporated into the Nature Environment Preservation Act which was enacted in 1991. The Nature Environment Preservation Act was revised several times especially to implement the Convention on the International Trade of Endangered Species in Wild Fauna and Flora, and the Convention on the Biodiversity. Also, back in 1961 the Hunting Act was enacted. The act was replaced by the Animals and Birds Protection and Hunting Control Act in 1967. Since then, the Forestry Administration had managed and controlled the hunting of animals and birds. In 1999, the authorities under the Animals and Birds Protection and Hunting Control Act was transferred from the Forestry Administration to the Ministry of Environment. And, in 2004, the new law, the Wild Animal and Plant Protection Act was enacting, unifying two set of laws into single legislation. The officials of the Ministry of Environment and several academics say that unification of the wildlife law is a better legislation. However, as the hunting license and control, and animal welfare are different issues from the protection of wildlife and endangered species protection, such an argument is difficult to support.

목차

Ⅰ. 서설

Ⅱ. 주요국가의 야생동식물보호법

Ⅲ. 野生動植物 보호에 관한 우리나라 環境法의 변천

Ⅳ. 野生動植物 보호에 관한 우리나라 鳥獸保護法의 변천

Ⅴ. 文化財保護法에 의한 天然記念物

Ⅵ. 野生動植物保護法

Ⅶ. 맺는 말

참고문헌

Abstract

키워드

야생동식물보호(protection of wildlife) 수렵법(game law) 자연보호법(nature protection law) 멸종위기에 처한 종자(endangered species) 멸종위기에 처한 야생동식물 종의 국제거래에 관한 협약(CITES) 생물다양성(biodiversity) 한국 환경법(Korea environmental law)